The Nagoya-Kuala Lumpur Supplementary Protocol

Article 27 of the Cartagena Protocol gives the Conference of Parties a mandate to begin the development of international regulations regarding liability for damages resulted by the transboundary movement of living modified organisms and the legal redress available with regard to such damages at its first meeting and complete the development of such regulations within four years. Negotiations began at the first meeting of the Parties in Kuala Lumpur. This long task was completed after six years at the 5th meeting of the Parties. On 16 October 2010, the 160 Party states to the Cartagena Protocol unanimously adopted the so-called Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol.

The new international treaty includes legally binding regulations with regard to administrative procedures. The new regulations enable the competent authorities of countries that have joined the Protocol to hold liable and demand the restitution of damages from those who distribute products which result in damage to wildlife from living, modified organisms.

According to the provisions of the Supplementary Protocol, European Parliament and Council Directive 2004/35/EC of 21 April 2004 on environmental liability should be applied with regard to the prevention and elimination of environmental damage. Hungary was the first of the EU member states to harmonise its legislation with the Directive. Related environmental and water regulations were amended in accordance with the Directive. Accordingly, the conditions required for the implementation of the Supplementary Protocol are in place in Hungary.

Hungarian legislation already contained provisions regarding liability for environmental damages prior to the transposing of the Directive into domestic law. Accordingly, the Supplementary Protocol is fully in harmony with the internal rule of law and current practices of the European Union.

The political commitment towards the Supplementary Protocol expressed through the signing of the document was a great political success for the Hungarian Presidency of the EU, in view of the fact that on 11 May 2011 Minister for Rural Development Sándor Fazekas signed the Protocol in the name of Hungary and also, jointly with EU Commissioner Janez Potocnik, in representation of the European Union. A further 14 member states also signed the Supplementary Protocol during the Hungarian Presidency.

Hungary became the 20. country to join the Supplementary Protocol by depositing its instrument of ratification on 9 December 2013.